Beyond the property debate: animal welfare as a public good

Abstract

Animal protection is socially constructed through laws specifying which animals should be protected and how. Most jurisdictions codify animal abuse by specifying the legal protections granted to animals. While these vary between jurisdictions, western legal systems generally provide for better levels of animal protection by incorporating animal welfare and wildlife crime laws into criminal justice systems. UK legislation has long held that animal welfare is a public good, thus animals should be protected in the public interest. However, despite the protective provisions of animal protection laws they generally fall short of giving animals actual rights, protection exists only to the extent that animal and human interests coincide. Animals’ legal status as property dictates that much anti-animal abuse and wildlife crime legislation is about allowing animal exploitation commensurate with human interests. However, UK legislation in the form of the Animal Welfare Act 2006 subtly shifts this position in respect of domestic animals by imposing a duty of care towards companion animals. This paper argues that by requiring owners and responsible persons to give active consideration to the needs of individual companion animals, the Animal Welfare Act provides animals with a level of protection that amounts to a form of legal rights.     

Amazonian peasant livelihood differentiation as mutuality-market dialectics

ABSTRACT

Economistic approaches to the study of peasant livelihoods have considerable academic and policy influence, yet, we argue, perpetuate a partial misunderstanding – often reducing peasant livelihood to the management of capital assets by rational actors. In this paper, we propose to revitalize the original heterodox spirit of the sustainable livelihoods framework by drawing on Stephen Gudeman’s work on the dialectic between use values and mutuality on the one hand, and exchange values and the market on the other. We use this approach to examine how historically divergent mutuality-market dialectics in different Amazonian regions have shaped greater prominence of either extractivism or agriculture in current livelihoods. We conclude that an approach centered on the mutuality-market dialectic is of considerable utility in revealing the role of economic histories in shaping differential peasant livelihoods in tropical forests. More generally, it has considerable potential to contribute to a much-needed re-pluralization of approaches to livelihood in academia and policy.     

Revisiting the Instrumentality of Voice: Having Voice in the Process Makes People Think They Will Get What They Want

Research on procedural justice has found that processes that allow people voice (i.e., input) are perceived as fairer, and thus elicit more positive reactions, than processes that do not allow people voice. Original theorizing attributed these effects to beliefs that the provision of voice enhances people’s sense of process control, which people were assumed to value because it impacts their perceived likelihood of receiving desired outcomes (the instrumental perspective of procedural justice). Subsequent research questioned this perspective, arguing that outcome expectations do not account for the effects of voice. However, this subsequent research failed to directly examine the interplay of voice, outcome expectations, and reactions. The current studies revisit and extend research on this topic by asking whether manipulations of voice act as shared circumstance effects. Confirming an untested implication of the instrumental perspective, we show that giving everyone voice increases their belief, ex-ante, that they are likely to win an upcoming competition. However, this instrumental belief accounts for only part of the effects of voice on perceived procedural fairness and on general reactions to outcomes. Results suggest that voice does indeed have instrumental significance, an implication not adequately recognized in current justice theorizing. However, this instrumentality does not, by itself, explain why people value having a voice in processes that affect them.     

A Case for Applying the Theoretical Semiotics in the Practice of Trade Mark Law

The application of semiotics in trade mark law is an interdisciplinary endeavour in its infancy. The author traces its genesis in recent years and situates it within the context of general theoretical approaches, in particular of an interdisciplinary kind, appearing in the trade mark law literature in the past. The purposes for which such theories are applied, and questions of methodology arising from this, are examined. In particular, it is observed that semiotic theory has, by and large, been used for the purpose of debating legal policy in trade mark law (especially in the United States), and that this has given rise to argument about the extent to which semiotic theory can exert any normative force of its own upon the law. This article offers a different perspective. It is sought to demonstrate the usefulness of theoretical semiotics in solving trade mark law questions in practice. The author emphasises that this involves no threat to orthodox legal problem-solving methodology (whatever one may think of the orthodoxy), and in particular does not require the normative use of semiotic theory. Taking as a starting point the concept of ‹trade mark use’, and having regard to trade mark law and literature in Europe, the United States and Australia, the author proceeds to demonstrate the proposed approach by reference to some current problems in trade mark infringement.     

Pan Am makes the going great

Abstract

The great Boeing 707/321C cargo jet rolled off the runway toward the unloading ramp of Travis Air Force Base. Turned and stopped by the white-overalled technician waving a long, orange-coned flashlight, its doors rolled open to reveal the lightweight load it had brought on its return from the distant battlefield: one hundred and sixty-eight plastic-wrapped, aluminum-boxed bundles, the bodies of American soldiers killed in Vietnam. Another Pan American World Airways all-cargo charter was ready for unloading.     

Literary reviews

Autobiographies of the townships. Gone with the Twilight: a story of Sophiatown. Don Mattera London: Zed Press. 1987. 151pp. £19.95hb/£5.95pb

Kaffir Boy: growing out of apartheid. Mark Mathabane London: Pan. 1987. 354pp. £3.50pb

Subtle dissent: Malawi's poetry of protest. Nightwatcher, Nightsong. Frank M Chipasula Peterborough, UK: Paul Green. 1986. 25pp. £1.50pb

Napolo Poems. Steve Chimombo Zomba, Malawi: Manchichi Publishers. 1987. 55pp n/p

Selective blindness. Women in African Literature Today, Vol. 15. Edited by Eldred Jones, Eustace Palmer and Marjorie Jones London: James Currey/Trenton, New Jersey: Africa World Press. 1987. 162pp. £7.50/$8.95pb

Ngambika: studies of women in African literature. Edited by Carole Boyce Davies and Anne Adams Graves Trenton, New Jersey: Africa World Press. 1986. 298pp. $35.00hb/$11.95pb

Form and content. Reading the African Novel. Simon Gikandi London: James Currey. 1987. 172pp. £8.95pb

West African Poetry: a critical history. Robert Fraser Cambridge: Cambridge University Press. 1986. 351pp. £35hb/£12.50pb

Textual adventure. Around the Day in Eighty Worlds. Julio Cortázar Translated from the Spanish by Thomas Christensen San Francisco: North Point Press. 1986. 293pp. J22.50hb

A Change of Light and other stories. Julio Cortazar Translated from the Spanish by Gregory Rabassa London: Arena. 1987. 275pp. £3.50pb

Master of the fantastic. The Dream of Heroes. Adolfo Bioy Casares Translated from the Spanish by Diana Thorold London: Quartet Books. 1987. 212pp. £9.95hb

Popular heroes. I Dreamt the Snow was Burning. Antonio Skarmeta Translated from the Spanish by Malcolm Coad London/New York: Readers International. 1985. 220pp. 57.95/£4.95pb

Burning Patience. Antonio Skarmeta Translated from the Spanish by Katherine Silver London/Methuen. 1988. 126pp. £9.95hb

Struggling towards a voice. Angel. Merle Collins London: The Women's Press. 1987. 294pp. £12.95hb/£4.95pb

Nowhere to hide. The Arkansas Testament. Derek Walcott London: Faber & Faber. 1988. 117pp. £3.95pb

Unity of the spirit. Modern Arabic Poetry: an anthology. Edited by Salma Khadra Jayyusi New York: Columbia University Press. 1987. 498pp. Hb n/p

Defiant creativity. Let It Be Told: essays by Black women writers in Britain. Edited by Lauretta Ngcobo London: Pluto Press. 1987. 146pp. £12.95hb London: Virago Press. 1988. 176pp. £4.50pb

Charting the Journey: writings by Black and Third World women. Edited by Shabnam Grewal, Jackie Kay, Liliane Landor, Gail Lewis and Pratibha. Parmar London: Sheba Feminist Publishers. 1988. 322pp. £7.95/$10.95pb     

Privatising the green police: the role of NGOs in wildlife law enforcement

This article examines the role of NGOs in wildlife law enforcement, drawing on empirical research conducted within UK environmental law enforcement but also drawing on a review of the academic literature and policy debates concerning NGOs and pressure group activity. It examines the theoretical basis for NGO actions and different policy perspectives, the ideologies employed by NGO's and how these manifest themselves in law enforcement policies and practice. While the focus of this essay is UK and US NGO activity with its professional enforcement activity and policy networks, the impact of wildlife and environmental NGOs is significant in a range of jurisdictions and is a vital component in effective policing of wildlife legislation.